274 



CONGRESS, UNITED STATES. 



List of notes for President and, Vice-President of the 

 United States for the constitutional term, to com- 

 mence on the 4th day of March, 1865. 



The Vice-President : " The tellers report that 

 the whole number of votes cast for President 

 and Vice-President of the United States is 233 ; 

 necessary to a choice, 117. For President of 

 the United States, the tellers report that Abra- 

 ham Lincoln, of Illinois, has received 212 votes ; 

 George B. McClellan, of New Jersey, has re- 

 ceived 21 votes. For Vice-President of the 

 United States, the tellers announce that An- 

 drew Johnson, of Tennessee, has received 212 

 votes, and George H. Pendleton, of Ohio, has 

 received 21 votes : 



" "Wherefore, I do declare that Abraham Lin- 

 coln, of the State of Illinois, having received a 

 majority of the whole number of electoral votes, 

 is duly elected President of the United States 

 for four years commencing on the 4th day of 

 March, 1865; and that Andrew Johnson, of the 

 State of Tennessee, having received a majority 

 of the whole number of electoral votes for Vice- 

 President of the United States, is duly elected 

 Vice-President of the United States for four years 

 commencing on the 4th day of March, 1865." 



[The announcement of the result of the vote 

 was received with applause upon the floor and 

 n the galleries.] 



The Vice-President : " The object for which 

 the House and the Senate have assembled in 

 joint convention having transpired, the Senate 

 will retire to its chamber." 



To the honorable the Senate and 



House of Representatives : 



The joint resolution entitled " Joint resolution de- 

 claring certain States not entitled to representation 

 in the electoral college" has been signed by the 

 Executive, in deference to the view of Congress im- 

 plied in its passage and presentation to him. In his 

 own view, however, the two Houses of Congress- 

 convened under the twelfth article of the Constitu- 

 tion, have complete power to exclude from counting 

 all electoral votes deemed by them to be illegal ; and 

 it is not competent for the Executive to defeat or ob- 

 struct that power by a veto, as would be the case if 

 his action were at all essential in the matter. He 

 disclaims all right of the Executive to interfere in 

 any way in the matter of canvassing or counting 

 electoral votes, and he also disclaims that, by sign- 

 ing said resolution, he has expressed any opinion on 

 the recitals of the preamble, or any judgment of hi3 

 own upon the subject of the resolution. 



ABRAHAM LINCOLN. 



EXECUTIVE MANSION, February 8, 1865. 



In the Senate, on the 10th, the following mes- 

 sage was read : 



In the Senate, on February 17th, the creden- 

 tials of Joseph Segar, Senator elect to supply 

 the vacancy occasioned by the death of Mr. L. 

 J. Bowden, were presented. 



Mr. Sumner, of Massachusetts, moved to re- 

 fer them to the Judiciary Committee. 



Mr. Willey, of West Virginia, opposed the 

 motion, saying: "I trust that it will not be 

 done. I know of no reason why it should be. 

 The credentials, I believe, are proper on their 

 face. They come to the Senate in due form 

 under the seal of the State of Virginia. The 

 gentleman who comes here is accredited the 

 successor of Hon. Mr. Bowden, who died while 

 a member of this body. Mr. Segar appears 

 here to take his place and to supply the va- 

 cancy occasioned by his death. I see no more 

 propriety in referring these credentials to the 

 Judiciary Committee than I would have seen 

 in referring the propriety of Mr. Bowden him- 

 self (if he were now living) retaining his seat 

 on this floor. If Mr. Bowden was entitled to 

 a seat upon this floor, I suppose this gentleman 

 would be entitled to take his seat as his suc- 

 cessor, provided the credentials be all regular 

 and correct ; and I know of no objection to 

 them." 



Mr. Cowan : " I hope that reference will not 

 be made. I think it is a very extraordinary 

 step indeed. It seems to me this question is 

 res adjudicata. We have proceeded on that 

 idea up to the present time, and it seems to me 

 that no sufficient reason has been presented 

 why we should change our policy now. I beg 

 Senators to pause before doing so. If this 

 Union is ever to be restored in the world it 

 must be by the means which are now presented 

 to us for onr consideration. If we are to wait 

 until the whoftj-of a State is under our domin- 

 ion and until all the people of a State are heard 

 from, such a restoration will never take place, 

 never. There was no such objection as this 

 made when the predecessor of Mr. Segar pre- 

 sented himself here. When he came and 

 claimed his seat he was allowed to take it, as 

 other Senators were. I think it would be 



